Definition of the place of residence of foreign citizens

The Federal law of 20.03.2011 No. 42-FZ "On Amending the Federal Law "On migration registration of foreign citizens and stateless persons in the Russian Federation" and certain other legislative acts of the Russian Federation" includes amendments in relation to the definition of foreign citizens or stateless persons' place of residence as well as the definition of the receiving party.

Thus, the definition of foreign citizens or stateless persons' place of residence in the Russian Federation is amended to include the premises, institution or organization, at which the person is staying, and (or) the address, at which the person is required to be registered.

Before the amendments the law defined the receiving party as a Russian citizen permanently residing in the Russian Federation, a foreign citizen or stateless person, legal entity, branch or representative, federal government authority, public authority of the Russian Federation, local government, the diplomatic representatives or consular office of a foreign state in the Russian Federation, an international organization or its representative in the Russian Federation or the representative of a foreign state at an international organization in the Russian Federation, where the foreign citizen or stateless person actually resides (is staying). Now, in the amended law, the phrase «is staying» is replaced with «or is working". This definition is also supplemented by a provision that a foreign citizen can serve as a receiving party for their family members, provided that he is recognized as a highly qualified specialist and owns accommodation in the Russian Federation.

A foreign citizen temporarily staying or residing in Russia must be registered, with notification provided to the migration authorities (by the foreign citizen or the receiving party), within 7 business days of arrival at their place of residence. The new registration period extends the previously established 3-day period. According to the new Law, foreign citizens who are not duly registered at their respective places of stay in accordance with the Law on Immigration Registration shall generally be exempted from liability for violation of immigration registration regulations. The exemption does not extend to those foreign citizens who are personally obliged to inform the authorities on their respective places of stay.

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